HomeMy WebLinkAboutCity Council Resolution 01-033RESOLUTION NO. 01- 033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION;
APPLICANT/APPELLANT-SAN FILIPPO; SOBEY ROAD (APN 397-05-091); DR-00-
036
WHEREAS, the City of Saratoga received an application for Design Review
approval for the construction ora new 5,312 square foot, two-story residence and 529 square foot
cabana on a 43,042 square foot lot; and
WHEREAS, on January 24, 2001 and March 14, 2001, the Planning Commission
of the City of Saratoga held duly noticed public hearings on said application at which all
interested parties were given a full opporttmity to be heard and to present evidence and following
the conclusion thereof, the Planning Commission voted to deny Design Review approval; and
WHEREAS, the decision of the Planning Commission was appealed to the City
Council of the City of Saratoga by the applicant, Ms. Grace San Filippo; and
WHEREAS, on May 16, 2001 the City Council conducted a duly noticed de novo
public heating on the appeal at which time any person interested in the matter was given the full
opportunity to be heard and to present evidence; and
WHEREAS, the City Council reviewed and considered the staff report, minutes of
proceedings conducted by the Planning Commission relating to the application, and all written
and oral evidence presented to the City Council in support of and in opposition to the appeal.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Saratoga, as follows:
After careful consideration of the site plan, architectural drawings, plans, and other
exhibits submitted in connection with this matter, the appeal from the Planning
Commission is denied and the action of the Planning Commission is affirmed, based on
the following findings:
1. The height, elevations and placement on the site of the proposed residence,
when considered with reference to: (i) the nature and location of residential
structures on adjacent lots and within the neighborhoods; and (ii) community
viewsheds will, contrary to section 14-45.080(a) of the Saratoga City Code,
unreasonably interfere with views and privacy of other residents in the
neighborhood in light of the availability of siting and design alternatives that
would avoid such interference.
2. The design of the proposed residence in relation to structures on adjacent
Resolution 01- 033
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lots and to the surrounding region creates a visual impact of excessive bulk and is
not integrated into the natural environment contrary to section 14045.080(c) of the
Saratoga City Code, in that the structure's design in relation to the land gives the
appearance of being a three-story rather than a two-story structure.
3. The height and bulk of the proposed residence is not compatible with
existing residential structures on adjacent lots and those within the immediate
neighborhood and within the same zoning district contrary to section
14045.080(c) of the Saratoga City Code due to the height and bulk of the
structure in relationship to the site; and
4. The proposed residence does not conform to each of the applicable design
policies and techniques set forth in the Residential Design Handbook and as
required by Section 15-45.055(0 of the City Code in that the proposed residence
(a) does not conform to Policy 1 because the location of the structure on the site
together with the design of the structure make the structure out of scale with
neighboring residences and the natural setting of the site and (b) the proposed
residence does not conform to Policy 3 because the design of the structure and
location on the site would interfere with the privacy of adjacent properties in a
manner that could be avoided by alternative designs and locations on the site.
Nothing in this resolution shall be deemed to prejudice the ability of the applicant to
submit revised plans for consideration by the Planning Commission.
The above and foregoing resolution was passed and adopted by the Saratoga City
Council at a regular meeting held on the 6th day of June, 2001.
AYES:
Councilmembers Stan Bogosian, Ann Waltonsmith, Mayor John Mehaffey
NOES:
Councilmember Evan Baker
ABSENT: None
ABSTAIN: Vice Mayor Nick Streit
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Resolution 01- 033